[Federal Register Volume 60, Number 164 (Thursday, August 24, 1995)]
[Notices]
[Pages 44040-44041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20993]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for the Lake Mathews Multiple 
Species Habitat Conservation Plan, Western Riverside County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Southern California Metropolitan Water District (MWD) 
(applicant) has applied to the Fish and Wildlife Service (Service) for 
a 50-year Incidental Take Permit pursuant to section 10(a)(1)(B) of the 
Endangered Species Act of 1973, as amended (Act). The proposed permit 
would authorize take of five currently listed wildlife species, 
including the endangered Stephens' kangaroo rat (Dipodomys stephensi) 
(SKR), the endangered bald eagle (Haliaeetus leucocephela), the 
threatened coastal California gnatcatcher (Polioptila californica 
californica), the endangered least Bell's vireo (Vireo bellii 
pusillus), and the endangered southwestern willow flycatcher (Empidonax 
traillii extimus), in western Riverside County, California. In 
addition, the applicant is seeking authorizations and assurances for 60 
other target species (including one currently listed plant species, and 
59 plant and animal species not currently listed) that occur within the 
plan area. This notice opens the comment period on the joint 
Environmental Assessment/Mitigated Negative Declaration (EA/MND), and 
permit application package, which includes the Lake Mathews Multiple 
Species Habitat Conservation Plan and Natural Community Conservation 
Plan (Plan) and Implementing Agreements (IA). All comments received, 
including names and addresses, will become part of the administrative 
record and may be made available to the public.

DATES: Written comments on the Plan, the EA/MND, or the IA should be 
received on or before September 25, 1995.

ADDRESSES: Comments should be addressed to Mr. Gail Kobetich, Field 
Supervisor, U.S. Fish and Wildlife Service, 2730 Loker Avenue West, 
Carlsbad, California 92008. Written comments may also be sent by 
facsimile to (619) 431-9618. Please refer to permit number PRT-805839 
when submitting comments.

FOR FURTHER INFORMATION CONTACT: Jeff Newman, U.S. Fish and Wildlife 
Service, Carlsbad Field Office, 2730 Loker Ave. West, Carlsbad, 
California 92008 at (619) 431-9440.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Individuals wishing copies of the documents should immediately 
contact the Service's Carlsbad Field Office at the above referenced 
address, or by telephone at (619) 431-9440. Documents will also be 
available for public inspection, by appointment, during normal business 
hours at the above address.

Background Information

    Listed species are protected pursuant to section 9 of the Act 
against ``take'', that is, no one may harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture or collect the species, or attempt to 
engage in such conduct (16 USC 1538). The Service, however, may issue 
permits to conduct activities involving endangered species under 
certain circumstances, including carrying out scientific purposes, 
enhancing the propagation or survival of the species, or incidentally 
taking the species in connection with otherwise lawful activities. 
Regulations governing permits for endangered and threatened species are 
at 50 CFR 17.22 and 17.32. The proposed takings are incidental to 
otherwise lawful activities in association with the implementation of 
the Plan, a joint conservation effort initiated by the applicant (a 27-
member public entity that delivers water from the California and 
Colorado River Aqueducts to cities and communities within a 5,125-
square-mile service area in southern California) and the Riverside 
County Habitat Conservation Agency (RCHCA), in cooperation with the 
Service and the California Department of Fish and Game (CDFG).
    Implementation of the proposed Plan could directly or indirectly 
affect individuals of five currently listed animal species (identified 
above). In addition, one listed plant species, slender-horned 
spineflower (Dodecahema leptoceras), is also known to occur in the 
vicinity of Lake Mathews. Although no incidental take authorization is 
required for listed plant species, impacts to these species must be 
addressed in the intra-Service consultation required pursuant to 
section 7(a) of the Act. The Plan establishes and provides management 
for a 5,110-acre multiple species reserve on the applicant's properties 
in western Riverside County (the Plan Area). The Multiple Species 
Reserve consists of a 2,545-acre mitigation bank adjacent to an 
existing 2,565-acre State Ecological Reserve. The mitigation bank 
provides mitigation for the applicant's ongoing and future operations, 
maintenance activities, and capital construction projects at Lake 
Mathews (totaling approximately 618 acres). Future MWD projects outside 
the Plan Area can use additional credits remaining in the mitigation 
bank pursuant to the Mitigation Banking Agreement in Volume 3 of the 
application package. The RCHCA will receive habitat credit for the 
1,269.3 acres of occupied SKR habitat within the Plan Area under the 
SKR Short-term Habitat Conservation 

[[Page 44041]]
Plan. Any use by the RCHCA of the 1,269.3 acres as mitigation for 
effects other than take of SKR would be contingent on Service and CDFG 
approval of a multiple species plan.
    The EA/MND considers the proposed project and no action 
alternatives in detail. In addition, two other alternatives were 
considered but were not selected for detailed analysis. These 
alternatives considered avoiding take of listed species at Lake 
Mathews, and a modified project that would apply only to projects and 
activities on MWD's Lake Mathews properties (and would not extend to 
projects outside the Plan Area).
    The proposed Federal action would authorize the incidental take of 
65 target species, including habitat modification, during ongoing and 
future projects and activities described in the Plan. The applicant has 
requested the issuance of permits that would authorize the incidental 
take of the five listed wildlife species identified previously in this 
notice. In addition, the applicant seeks Federal pre-listing assurances 
for 59 other plant and animal target species which are currently not 
listed as threatened or endangered but could become listed in the 
future. These pre-listing assurances are agreements in principle that 
the Service would modify the permits and authorize incidental take for 
any of these species should they become listed in the future. These 
assurances are given on the condition that avoidance, minimization, and 
reserve management measures identified in the Plan are implemented.
    Mitigation pursuant to these authorizations and assurances will be 
accomplished on a habitat basis rather than on a species-by-species 
basis. Habitat occupied by multiple species in the Mitigation Bank may 
be used to mitigate for multiple species affected by activities or 
projects initiated by the applicant. If a project affects several 
species, which at some point during their respective life cycles occupy 
a single habitat type and these species also occur in the Mitigation 
Bank area, then mitigation for these species may be accomplished on a 
habitat-by-habitat basis rather than on a species-by-species basis.
    This notice is provided pursuant to section 10(c) of the Act and 
National Environmental Policy Act of 1969 (NEPA) regulations (40 CFR 
1506.6). The joint EA/MND meets both NEPA requirements and the 
requirements of the state of California pursuant to the California 
Environmental Quality Act (CEQA). Both NEPA, at 40 CFR 1506.6, and the 
CEQA Guidelines at Section 15222, provide for joint planning processes 
and environmental assessment documents. The Service will evaluate the 
application, associated documents, and comments submitted thereon to 
determine whether the application meets the requirements of NEPA 
regulations and section 10(a) of the Act. If it is determined that the 
requirements are met, a permit will be issued for the incidental take 
of the listed species, and pre-listing agreements provided for the 
other target species. The final NEPA and permit determination will be 
made no sooner than 30 days from the date of this notice.


Dated: August 18, 1995.
Thomas Dwyer,
Deputy Regional Director, Region 1, Portland, Oregon.
[FR Doc. 95-20993 Filed 8-23-95; 8:45 am]
BILLING CODE 4310-55-P